Wakilii

Wuma v Uganda Railways Corporation (Civil Application 1193 of 2023)

Court of Appeal · [2024] UGCA 113 · 2024 Application Dismissed AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application to a single Justice of the Court of Appeal for stay of execution of High Court orders pending appeal
Decision
Application for stay of execution dismissed with costs to the respondent

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

On an application by a single Justice for stay of execution pending appeal, the Court reaffirmed that an applicant must show a lodged notice of appeal, a likelihood of success, irreparable damage or that the appeal would be rendered nugatory, the balance of convenience, and that the application was brought without delay. The applicant had not filed a substantive appeal, making any assessment of its likelihood of success impossible, and had not demonstrated substantial or irreparable loss given he occupied the respondent's house as a non-paying tenant with no proven proprietary interest. The Court held that an intention to appeal does not of itself operate as or entitle a party to a stay, and dismissed the application with costs to the respondent.

Outcome

Application for stay of execution dismissed with costs to the respondent

Facts

The applicant was employed by the respondent and granted study leave from 1995, which the respondent cancelled in 1996 while he was studying in the United States. On returning in 2003 he found his employment had been terminated. In 2006 he applied for and was allocated a house at Mbuya owned by the respondent, where he has since resided with his family. He filed High Court Civil Suit No. 147 of 2011 seeking general damages and challenging the cancellation of his leave and threatened eviction. The trial Judge held the claim was time-barred, found him not entitled to the remedies sought, dismissed the suit, and ordered him to vacate the premises. After his earlier High Court application for stay (Misc. Application No. 185 of 2021) was dismissed, the applicant lodged a notice of appeal but had not filed a substantive appeal, and brought the present application to stay execution pending appeal.

Issues

  1. Whether the applicant satisfied the conditions for the grant of an order for stay of execution pending appeal.

Orders

  • The application for stay of execution is dismissed.
  • Costs of the application awarded to the respondent.

Rules and key headnotes

Civil Procedure — Stay of Execution — Conditions for grant
An applicant for a stay of execution pending appeal must establish that a notice of appeal has been lodged, that the appeal has a likelihood of success or a prima facie right of appeal, that irreparable damage will result or the appeal will be rendered nugatory if no stay is granted, where the balance of convenience lies, and that the application was instituted without delay.
Civil Procedure — Stay of Execution — Meaning of substantial loss
Substantial loss for the purposes of a stay of execution means something in addition to and different from the ordinary loss to which every judgment debtor is necessarily subjected when he loses his case and is deprived of his property in consequence; a vague and general assertion of substantial loss is insufficient.
Civil Procedure — Stay of Execution — Intention to appeal not a ground
An intention to appeal, or the mere institution of an appeal, does not of itself operate as a stay of execution or entitle a party to a stay as a matter of course; the applicant must satisfy the court that sufficient cause exists why the successful party should postpone enjoyment of the benefits of the judgment.
Civil Procedure — Jurisdiction of single Justice of the Court of Appeal
Section 12 of the Judicature Act, being an Act of Parliament, overrides Rule 53 of the Court of Appeal Rules and empowers a single Justice of the Court of Appeal to hear and determine all interlocutory applications, including applications for stay of execution, subject to a right of reference to a full panel.
Civil Procedure — Appeals — Diligence in prosecuting an appeal
An intending appellant and his advocates, as officers of court, bear a duty to take an active role in prosecuting the appeal, including proactively following up the certification of the record of proceedings; a vigilant litigant who has already filed the substantive appeal elicits more favourable consideration on a stay application than one who is less proactive.

Legislation cited (5)

Cases cited (9)

  • Andrew Ksawuzi Vs Dan Oundo Malingu GCT-I0-CC-MA 467 of 2013
  • Bashidar Vs Pribku Dayalair 41/1954
  • Jomayi Property Consultants Ltd v Andrew Maviiri (Civil Reference No. 174 of 2015)
  • Gashumba v Sam Nkundiye (Supreme Court Civil Application No. 0024 of 2015)
  • Ssekikubo & 3 Ors v Attorney General & 4 Ors (Constitutional Application No. 0006 of 2013)
  • Ruth Asiimwe Kanyaruju v Namara Grace (Civil Appeal No. 168 of 2012)
  • Stanbic Bank Uganda Ltd v Atabya Agencies (Supreme Court Civil Appeal No. 31 of 2004)
  • Wilson Mukiibi v James Semusambwa (Civil Application No. 9 of 2003)
  • Kyambogo University v Isaiah Omolo Ndiege (Civil Appeal No. 341 of 2013)

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Wuma v Uganda Railways Corporation (Civil Application 1193 of 2023) [2024] UGCA 113 (15 May 2024)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.